0560223343BaseContract.pdf

Corning Tower, Empire State Plaza, Albany, NY 12242 | https://ogs.ny.gov/procurement | customer.services@ogs.ny.gov | 518-474-6717

AGREEMENT FOR

ULTRA-LOW SULFUR DIESEL &

BIODIESEL FUEL

(RENEWABLE DIESEL) (ON-ROAD USE ONLY) (STATEWIDE)

BY AND BETWEEN

NEW YORK STATE

OFFICE OF GENERAL SERVICES

AND

CONTRACT NUMBER PC

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

Contract # PCXXXXX

Contents

1. INTRODUCTION

1.1 Overview

1.2 Scope

1.2.1 Diesel Regular

1.2.2 Diesel Premium

1.2.3 B5 Biodiesel

1.2.4 B10 Biodiesel

1.2.5 B20 Biodiesel

1.2.6 HDRD95B5 Hydrogenation Derived Renewable Diesel

1.3 Estimated Quantities

1.4 NYS Comptroller Approval

1.5 Definitions

1.6 Appendices and Attachments

1.7 Conflict of Terms

2. CONTRACTOR QUALIFICATIONS

3. SPECIFICATIONS

3.1 Product Requirement

3.2 Guaranteed Analysis

3.3 Fuel Specifications

3.3.1 Fill and Vent Requirements

3.3.2 Topping Off Tanks

3.3.3 Trade Names

3.3.4 Grade – Temperature Schedule

3.3.5 Sampling of Diesel and HDRD Fuel

3.3.6 Non-Complying Product – Delivery

3.3.7 Non-Complying Product – Delivery – Operability/Price Deduction

3.3.8 Non-Complying Product – Flash Point – Price Deduction

3.3.9 Non-Complying Product – Water & Sediment Content – Price Deduction

3.3.10 Non-Complying Product – Viscosity – Price Deduction

3.3.11 Non-Complying Product – Sulfur Content – Price Deduction

3.3.12 Non-Complying Product – Cetane Index – Price Deduction

3.3.13 Non-Complying Product – Ash Content – Price Deduction

3.3.14 Non-Complying Product – Cold Filter Plugging Point (CFPP) Temperature – Price Deduction

3.3.15 Price Deduction Table

3.3.16 Dye Marker Content

3.3.17 Flash Point

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

3.3.18 Water and Sediment

3.3.19 Viscosity

3.3.20 Cloud Point

3.3.21 Cold Filter Plugging Point (CFPP)

3.3.22 Sulfur

3.3.23 Type of Use Requirements

3.3.24 Cetane Rating

3.3.25 Ash

3.3.26 Diesel Fuel Oil and HDRD Requirements

3.3.27 Grade 2D (2-D) Diesel (Regular) Fuel Oil and HDRD

3.3.28 Grade 1D (1-D) Diesel Fuel Oil

3.3.29 Grade 2D/1D Winter Mix (Regular Diesel/Kerosene) Diesel Fuel Oil

3.3.30 Grade 2PD/1D Winter Mix (Premium Diesel/Kerosene) Diesel Fuel Oil

3.3.31 Grade 2PD (Premium) Diesel Fuel Oil

3.3.32 Premium Cetane Rating

3.3.33 Cetane Improver

3.3.34 Cold Filter Flow Improver

3.3.35 Detergent

3.3.36 Corrosion Inhibitors

3.3.37 Water Dispersal

3.3.38 Deicing Capability

3.3.39 Additive Reference (Winter Mix, CFPP Improver)

3.3.40 Requirements Summary

3.3.41 Blending/Delivery Requirements

3.3.42 Low Temperature Operability/Performance Characteristics

3.4 Biodiesel Fuel Specifications

3.4.1 Biodiesel Usage Considerations

3.4.2 Dye Marker Content

3.4.3 Finished Fuel Requirements

3.4.4 Workmanship

3.4.5 Physical and Chemical Requirements (Table)

3.4.6 Flashpoint

3.4.7 Water and Sediment

3.4.8 Viscosity

3.4.9 Cloud Point

3.4.10 Cold Filter Plugging Point (CFPP)

3.4.11 Sulfur

3.4.12 Cetane Rating

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

3.4.13 Ash

3.4.14 Low Temperature Operability Table

3.4.15 Non-Complying Product & Operability Table For Price Deductions

3.4.16 Feedstock Diesel Fuel Oil and HDRD Requirements

3.4.17 Workmanship

3.4.18 2D Diesel (Regular) Fuel Oil and HDRD

3.4.19 1D Diesel Fuel Oil

3.4.20 Requirements Summary (Table)

3.5 Hydrogenation Derived Renewable Diesel (HDRD) Specifications

3.5.1 Classification

3.5.2 Applicable Documents

3.5.3 Requirements

3.5.4 Dye Marker Content

3.5.5 Physical and Chemical Requirements

3.5.6 Test Specifications

3.5.7 Deductions and/or Removal

3.5.8 Conditions for Removal

3.5.9 Preparation for Delivery

3.5.10 Quality Assurance Provisions

4. TERMS AND CONDITIONS

4.1 Contract Term and Extensions

4.2 Short term Extension

4.3 Price

4.4 OPIS Posting Locations

4.4.1 Location Change or Substitution

4.4.2 Calculation Change or Substitution

4.4.3 Product Change or Substitution

4.5 Price Adjustments/Revisions

4.5.1 Price Revisions for ULSD and Kerosene

4.5.2 Price Revisions for Biodiesel

4.6 Best Pricing Offer

4.7 Price Structure

4.8 Volume Discounts

4.9 Ordering

4.9.1 Purchasing Card Orders

4.10 Minimum Order

4.11 Invoicing and Payment

4.12 Product Delivery

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

4.13 Automatic Replenishment

4.14 Delivery Schedules

4.15 Product Returns and Exchanges

4.16 Unanticipated Excessive Purchase

4.17 Contract Administration

4.18 NYS Financial System (SFS)

4.19 Insurance

4.20 Report of Contract Usage

4.21 Contractor Requirements and Procedures for Business Participation Opportunities for NYS Certified Minority and Women Owned Business Enterprises and Equal Employment Opportunities for Minority Group Members and Women

I. New York State Law II. General Provisions III. Equal Employment Opportunity (EEO) IV. Contract Goals V. MWBE Utilization Plan VI. Request for Waiver VII. Required Good Faith Efforts VIII. Monthly MWBE Contractor Compliance Report IX. Breach of Contract and Liquidated Damages X. Breach of Contract and Liquidated Damages

4.22 Participation Opportunities For New York State Certified Service-Disabled Veteran Owned Businesses 53

4.23 Use of Recycled or Remanufactured Materials

4.24 Surplus/Take-Back/Recycling

4.25 Environmental Sustainability and NYS Executive Order Number 22

4.26 Consumer Products Containing Mercury

4.27 Diesel Emission Reduction Act

4.28 Guarantee

4.29 Engineering Service

4.30 NYS Vendor Responsibility

4.31 NYS Tax Law Section 5-a

4.32 Non-State Agencies Participation in Centralized Contracts

4.33 Extension of Use

4.34 New Accounts

4.35 Centralized Contract Modifications

4.36 Drug and Alcohol Use Prohibited

4.37 Traffic Infractions

4.38 Contract Documents; Electronic Format

4.39 Appendix B Modifications

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

4.40 Performance and Bid Bonds

4.41 Investigation

4.42 Supplier/Manufacturer’s Certificate

5. GENERAL PROVISIONS

5.1 Notices

5.2 Captions

5.3 Severability

5.4 Counterparts

5.5 Entire Agreement

APPENDICES

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions (October 2023)

ATTACHMENTS

Attachment 1 – Pricing Attachment 4 – Insurance Requirements Attachment 8 – Report of Contract Usage Attachment 10 – Delivery Schedule – State Agencies Attachment 11 – Delivery Schedule – Non-State Agencies Attachment 14 – Guaranteed Analysis Attachment 15 – Pricing for HDRD95B5

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

STATE OF NEW YORK

OFFICE OF GENERAL SERVICES

AGREEMENT # PC

CENTRALIZED CONTRACT FOR THE ACQUISITION OF

ULTRA-LOW SULFUR DIESEL & BIODIESEL FUEL

(RENEWABLE DIESEL) (ON-ROAD USE ONLY) (STATEWIDE)

THIS AGREEMENT (hereinafter the “Contract” or the “Agreement”) is made this day of , 2024, by and between the People of the State of New York, acting by and through the Commissioner of the Office of General Services (OGS), whose office is on the 36th Floor, Corning Tower, Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12242 (hereinafter referred to as the “State” or “OGS”) and , having its principal place of business at (hereinafter referred to as the “Contractor”). OGS and the Contractor are collectively referred to as the “Parties.”

WHEREAS, OGS is statutorily authorized to enter into centralized contracts for commodities for use by New York State agencies, departments, public authorities, political subdivisions and any other entities authorized by statute to utilize its centralized contracts (hereinafter “Authorized Users”); and

WHEREAS, OGS has identified a need by New York State agencies and other Authorized Users for Ultra-Low

Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On-Road Use Only) (Statewide), as further described herein; and

WHEREAS, OGS conducted a competitive procurement to identify the bidder(s) which could provide the Ultra- Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On-Road Use Only) (Statewide), referred to as IFB #23343 (hereinafter the “IFB” or the “Solicitation”), which was advertised on September 11, 2024 in the New York State Contract Reporter, as required by New York State Economic Development Law; and

WHEREAS, awards were made to responsive and responsible Bidders by Item who are able to meet the terms and conditions of the Solicitation, in accordance with the Method of Award clause described in the Solicitation; and

WHEREAS, the State has determined: that the Contractor submitted a responsive proposal for the applicable Item(s) and is eligible for award as described herein; that the Contractor is a responsible vendor; and that the Contractor is willing to provide the commodities set forth herein under the terms and conditions contained herein;

NOW THEREFORE, in consideration of the terms hereinafter mentioned and also the mutual covenants and obligations moving to each party hereto from the other, the Parties hereby agree as follows:

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

1. INTRODUCTION

1.1 Overview

This Contract results from a Solicitation issued by the New York State (“NYS”) Office of General Services (“OGS”), Procurement Services and is intended to provide State and Non-state agencies with a method to procure ULS Diesel Regular, ULS Diesel Premium, B5 Biodiesel, B10 Biodiesel, B20 Biodiesel and HDRD95B5 Hydrogenation Derived Renewable Diesel fuels by bulk delivery.

For ULSD and Biodiesel, awards are centralized contracts based on filed requirements. For HDRD, there may be multiple awards per County not based on filed requirements.

1.2 Scope

This Contract is based on the ultra low sulfur diesel and biodiesel fuel requirements submitted to OGS by authorized NYS contract users and, depending on award, may include five (5) diesel fuel types (Regular, Premium, B5 Biodiesel, B10 Biodiesel, and B20 Biodiesel).

All products provided shall be homogenous diesel fuel, suitable for diesel engines, and they shall conform to the requirements of ASTM D975, Table 1, or latest revision thereof, except as listed differently herein, and ASTM D7467 for Biodiesel Blends (B6 to B20) or latest version thereof. The product shall be furnished, delivered and unloaded by the Contractor to Authorized Users’ storage tanks, as specified herein. The specific users, counties, and fuel grades are listed in the Delivery Schedule. See Attachments 10 and 11, Delivery Schedule – State Agencies and Delivery Schedule – Non-State Agencies respectively.

This Contract may include HDRD95B5 Hydrogenation Derived Renewable Diesel. The Items are specified in Attachment 15 – Pricing for HDRD95B5. Please reference Section 3.5 Hydrogenation Derived Renewable Diesel (HDRD) Specifications of this Contract for all specifications for HDRD95B5.

The scope of each fuel type is as follows:

1.2.1 Diesel Regular

The symbols 2D and/or 2-D shall be used as a grade designation for middle distillate diesel fuel oils used in vehicular diesel engines and in non-vehicular applications having frequently varying loads and speeds. Shall also be known as Regular.

1.2.2 Diesel Premium

The symbols 2PD and/or 2-PD shall be used as a grade designation for premium distillate diesel fuel oils used in vehicular diesel engines and in non-vehicular applications having frequently varying loads & speeds along with requirements for higher cetanes, special enhancers & inhibitors. Shall also be known as Premium.

1.2.3 B5 Biodiesel

The designation B5 Biodiesel shall refer to a fuel blend containing 5% Biodiesel fuel with 95% Ultra Low Sulfur Diesel Fuel. The intended use of the B5 Biodiesel fuel blend described herein is for use in all diesel fuel consuming vehicles and equipment systems suitable for such fuel and provided that the fuel is consumed within a period of six months.

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

1.2.4 B10 Biodiesel

The designation B10 Biodiesel shall refer to a fuel blend containing 10% Biodiesel fuel with 90% Ultra Low Sulfur Diesel Fuel. The intended use of the B10 Biodiesel fuel blend described herein is for use in all diesel fuel consuming vehicles and equipment systems suitable for such fuel and provided that the fuel is consumed within a period of six months.

1.2.5 B20 Biodiesel

The designation B20 Biodiesel shall refer to a fuel blend containing 20% Biodiesel fuel with 80% Ultra Low Sulfur Diesel Fuel. The intended use of the B20 Biodiesel fuel blend described herein is for use in all diesel fuel consuming vehicles and equipment systems suitable for such fuel and provided that the fuel is consumed within a period of six months.

NOTE: Prospective users of any of these biofuels are cautioned to carefully read and understand the section titled “Biodiesel Usage Considerations” before deciding to purchase and use these fuels.

1.2.6 HDRD95B5 Hydrogenation Derived Renewable Diesel

The designation HDRD95B5 shall refer to a fuel blend containing 95% Renewable Diesel fuel with 5% Biodiesel fuel.

1.3 Estimated Quantities

This Contract is an estimated quantity Contract. No specific quantities are represented or guaranteed and the State provides no guarantee of individual Authorized User participation. The Contractor must furnish all quantities actually ordered at or below the Contract prices. The individual value of this Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized Users will be encouraged to purchase from Contractors who offer the Products and pricing that best meet their needs in the most practical and economical manner. See Appendix B, Estimated/Specific Quantity Contracts and Participation in Centralized Contracts.

Numerous factors could cause the actual quantities of Products purchased under this Contract to vary substantially from the estimates in the Solicitation. Such factors include, but are not limited to, the following:

• There is no guarantee of quantities to be purchased, nor is there any guarantee that demand will continue in any manner consistent with previous purchases.

• The individual value of this Contract is indeterminate and will depend upon actual Authorized User demand and actual quantities ordered during the contract period.

• The State reserves the right to terminate any Contract for cause prior to the end of the term pursuant to the terms and conditions of the Contract. Appendix B, Section 43 (Termination) subparagraph (b) (For Convenience) is hereby deleted for purposes of this Contract.

• Contract pricing that is lower than anticipated could result in a higher quantity of purchases by Authorized Users than anticipated.

• Contract pricing that is higher than anticipated could result in a lower quantity of purchases by Authorized Users than anticipated.

In accordance with the Delivery Schedules clause, the Contractor(s) shall accept orders from and deliver to any State Agency placing an order through this Contract, even if the State Agency does not appear on the Delivery Schedule. The Contractor may accept orders, at its discretion, for any non-State Agency or Political Subdivision not appearing on the Delivery Schedule. In the event that HDRD95B5 supplies are limited, Contractor shall prioritize deliveries of HDRD95B5 to Authorized Users as follows:

1) State Agencies appearing on the Delivery Schedule

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

2) State Agencies not appearing on the Delivery Schedule.

3) Non-State Agencies appearing on the Delivery Schedule

4) Non-State Agencies not appearing on the Delivery Schedule

Total annual deliveries of HDRD95B5 shall not exceed 20% per Delivery Location ID of an Authorized User’s filed requirements as found on the Attachment 10 - Delivery Schedule – State Agencies and Attachment 11 – Delivery Schedule – Non-State Agencies.

Contractor acknowledges the foregoing and agrees that actual good faith purchasing volumes during the term of this

Contract could vary substantially from the estimates provided in the Solicitation.

1.4 NYS Comptroller Approval

In accordance with Section 112 of the State Finance Law, this Contract shall not be valid, effective or binding upon the State until this Contract has been approved by the Office of the New York State Comptroller (“OSC”). Purchase orders or other procurement transactions issued under this Contract may also be subject to OSC approval.

1.5 Definitions

Capitalized terms used in this Contract shall be defined in accordance with Appendix B, Definitions, or as below.

1D (1-D): The symbols 1D and/or 1-D shall be used as a grade designation for light distillate diesel fuel oils meeting the requirements of ASTM D975 used in vehicular diesel engines and in higher volatility applications than provided by grade 2-D fuel oils. Kerosene (1-K) meeting and/or exceeding the parameters stated herein for 1D will be considered in lieu of 1D as part of this specification/solicitation.

2D (2-D): The symbols 2D and/or 2-D shall be used as a grade designation for middle distillate diesel fuel oils meeting the requirements of ASTM D975 used in vehicular diesel engines and in non-vehicular applications having a frequently varying loads and speeds. Shall also be known as Regular.

2PD (2-PD): The symbols 2PD and/or 2-PD shall be used as a grade designation for premium distillate diesel fuel oils meeting the requirements of ASTM D975 used in vehicular diesel engines & in non-vehicular applications having frequently varying loads & speeds along with requirements for higher cetanes, special enhancers & inhibitors. Shall also be known as Premium.

Agency or Agencies: The State of New York, acting by or through one or more departments, boards, commissions, offices or institutions of the State of New York.

Authorized User(s): as defined in Appendix B.

ASTM: The acronym, “ASTM” shall be used as a designation for the American Society for Testing and Materials. All ASTM references in the specification are understood to refer to the most recent edition of that specification/standard

B5: A blend of 5% Biodiesel and 95% 1D, 2D or 2PD petroleum-based diesel fuels meeting the requirements of

ASTM D975

B10: A blend of 10% Biodiesel and 90% 1D, 2D or 2PD petroleum-based diesel fuel meeting the requirements of ASTM D7467.

B20: A blend of 20% Biodiesel and 80% 1D, 2D or 2PD petroleum-based diesel fuel meeting the requirements

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide) of ASTM D7467.

Biodiesel (B100): A fuel composed of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100 (100% Biodiesel fuel) as defined in ASTM D6751or latest version thereof. ASTM D6751 covers low sulfur Biodiesel (B100) for use as a blend component with diesel oil fuels.

“Business Day” shall refer to Monday through Friday from 8:00 AM – 5:00 PM ET, excluding NYS Holidays and federal holidays.

“CFPP” shall be used as a designation for the Cold Filter Plugging Point of the fuel.

“DEC” shall be used as a designation for Department of Environmental Conservation.

“Delivery” shall be the act of taking an ordered product to a person or place. Refer to the Product Delivery clause in this Contract.

“HDRD”

Hydrogenation Derived Renewable Diesel (HDRD) means a renewable, combustible liquid fuel processed from agricultural vegetable oils or animal fats applying the thermal hydro treating process of hydrogenation that meets ASTM D975 for renewable diesel fuel blend stock for distillate fuel.

“HDRD95B5” is where 95 is the percent concentration of Hydrogenation Derived Renewable Diesel HDRD and 5 is the percent concentration of pure biodiesel by volume. For a fuel blend with volume percentages of 95% HDRD and 5% biodiesel, the name of the blended fuel will be HDRD95B5. In the HDRD/BIODIESEL blend, there is no ULSD fuel.

“Human Needs Customer” shall refer to a high priority customer, such as residences, hospitals and nursing homes, for which failure to get fuel could be life threatening.

“IP” shall be used as a designation for the Institute of Petroleum.

“LUST” refers to Leaking Underground Storage Tank

“Market Price” shall refer to the price of the commodity sold or offered in New York State at the time of the quote.

“May” denotes the permissive in a Contract clause or specification. “May” does not mean “required.” See also “Shall” and “Must.”

“Must” denotes the imperative in a Contract clause or specification. “Must” is synonymous with “required.” See also “Shall” and “May.”

“MWBE” shall refer to a business certified with NYS Empire State Development (“ESD”) as a Minority- and/or Women-owned Business Enterprise.

“NYS Holidays” refers to the legal holidays for State employees in the classified service of the executive branch, as more particularly specified on the website of the NYS Department of Civil Service. This includes the following: New Year’s Day; Dr. Martin Luther King, Jr. Day; Washington’s Birthday (observed); Memorial Day; Juneteenth;

Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day; and Christmas Day.

“NYS Vendor ID” is a unique ten-character identifier issued by the NYS Office of the State Comptroller (OSC) when the vendor is registered on the Vendor File System.

“Posted Day” and “Posted Price” shall refer to the actual day the prices are posted in OPIS publication.

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

“Preferred Source Products” shall refer to those Products that have been approved in accordance with New York State Finance Law § 162.

“Preferred Source Program” shall refer to the special social and economic goals set by New York State in State Finance Law § 162 that require a governmental entity purchase select Products from designated organizations when the Products meet the “form, function and utility” requirements of the governmental entity. Under State Finance Law § 163, purchases of Products from Preferred Sources are given the highest priority and are exempt from the competitive bidding requirements. The New York State Preferred Sources include: The Correctional Industries Program of the Department of Corrections and Community Supervision (“Corcraft”); New York State Preferred Source Program for People Who Are Blind (“NYSPSP”); and the New York State Industries for the Disabled (“NYSID”). These requirements apply to a state agencies, political subdivisions and public benefit corporations (including most public authorities).

“Procurement Services” shall refer to a business unit of OGS, formerly known as New York State Procurement (“NYSPro”) and Procurement Services Group (“PSG”).

“Prompt Delivery” shall refer to any delivery that is completed within the Contractor’s specified guaranteed delivery time.

“Prompt Will-call” shall refer to the time an Authorized User places an order.

“SDVOB” shall refer to a NYS-certified Service-Disabled Veteran-Owned Business.

“Shall” denotes the imperative in a Contract clause or specification. “Shall” is synonymous with “required.” See also “Must” and “May.”

“Superfund” shall refer to the petroleum Superfund excise tax which funds the Hazardous Substance Superfund to clean up hazardous waste sites. The tax became effective on January 1, 2023.

“Volume Discount” shall refer to the Cents Per Gallon discount for orders 5,500 gallons or greater shown on Attachment 1 – Pricing. If no Volume Discount is entered, the Contractor is not offering a volume discount.

1.6 Appendices and Attachments

The following appendices and attachments, attached hereto, are hereby expressly made a part of this Contract as fully as if set forth at length herein.

Appendix A – Standard Clauses for NYS Contracts (June 2023) Appendix B – General Specifications (April 2016) Appendix C – Federal Funding Agency Mandatory Terms and Conditions (October 2023)

Attachment 1 – Pricing Attachment 4 – Insurance Requirements Attachment 8 – Report of Contract Usage Attachment 10 – Delivery Schedule – State Agencies Attachment 11 – Delivery Schedule – Non-State Agencies Attachment 14 – Guaranteed Analysis Attachment 15 – Pricing for HDRD95B5

1.7 Conflict of Terms

Conflicts among the documents shall be resolved in the following order of precedence:

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

2. Appendix A, Standard Clauses for New York State Contracts;

3. This document;

4. Appendix C – Federal Funding Agency Mandatory Terms and Conditions;

5. Appendix B – General Specifications;

6. Attachment 1 – Pricing;

7. Attachment 15 – Pricing for HDRD95B5;

8. Attachment 10 – Delivery Schedule – State Agencies;

9. Attachment 11 – Delivery Schedule – Non-State Agencies

10. Attachment 4 – Insurance Requirements;

11. Attachment 8 – Report of Contract Usage;

12. Attachment 14 – Guaranteed Analysis;

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

2. CONTRACTOR QUALIFICATIONS

Contractor is advised that the State’s intent in having the Bidder Qualifications listed in the Solicitation was to ensure that only a qualified and reliable Contractor perform the work of this Contract. Contractor shall have the burden of demonstrating to the satisfaction of Procurement Services that it can perform the work required. Procurement Services retains the right to request any additional information pertaining to the Contractor's ability, qualifications, financial capacity, financial stability, and procedures used to accomplish all work under this Contract as it deems necessary to ensure safe and satisfactory work. A Contractor shall meet all applicable Bidder Qualifications contained in the Solicitation throughout the term of this Contract.

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

3. SPECIFICATIONS

Please refer to Section 1.7 – Conflict of Terms in the event of any conflict between this section and the terms of the Contract.

3.1 Product Requirement

Contractor guarantees that the product(s) supplied will meet or exceed the minimum specifications listed in Fuel Specifications. All products provided shall be homogenous diesel fuel and HDRD, suitable for diesel engines, and they shall conform to the requirements of ASTM D975-20, Table 1, or latest version thereof, except as listed differently herein, and ASTM D7467, or latest version thereof, for Biodiesel Blends (B6 to B20).

3.2 Guaranteed Analysis

Guaranteed Analysis of ULS Diesel and/or Biodiesel and/or HDRD fuel offered was furnished per Attachment 14 – Guaranteed Analysis. If the guaranteed analysis exceeds specifications, it shall be the Contract standard.

3.3 Fuel Specifications

3.3.1 Fill and Vent Requirements

Agencies must ensure that fill and vent equipment adequately meet NYS Standards. Contractors have the responsibility of reporting faulty equipment to the end users and the appropriate NYS regulatory agencies.

Agencies should also refer to CL-804, dated July 7, 2014, as they are responsible for the implementation of monitoring programs to ensure compliance by supplier with these specification requirements.

NOTE: Contractor's delivery trucks MUST BE EQUIPPED WITH METERS, with the exception of motor transports, to accurately measure quantities delivered. Metered deliveries must be accompanied by a delivery ticket showing brand or grade and number of gallons delivered.

3.3.2 Topping Off Tanks

Agency requests to top-off tanks for testing purposes must be honored as described elsewhere herein. The requesting agency may be required to sign a waiver of liability and responsibility on behalf of the Contractor.

Contractor must maintain service facilities and have trained personnel qualified to service the product furnished at the using agency within 48 hours.

3.3.3 Trade Names

For the convenience of ordering, delivering, and servicing ULS diesel, HDRD, and biodiesel fuel under the contract, Contractor shall state the trade name for the diesel, HDRD, and biodiesel fuel offered under each type. Such trade name, however, shall not in any way set aside the requirement of compliance with specifications.

3.3.4 Grade – Temperature Schedule

The Contractor will be responsible for delivery of straight 1D, straight 2D or straight Biodiesel, or any blend of 1D and 2D, HDRD, or Biodiesel as listed in the Solicitation specifications. Agencies and Authorized Users desiring a mix other than normally required under these specifications must notify the Office of General Services

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide) and the Contractor in writing of the specific mix desired, and Contractor shall reply in writing regarding its agreement to provide the mix requested. Also, unless the agency specified otherwise when ordering, the Contractor will adhere to the following schedule:

Grade/Mix Temperatures Costing Formula

#2D/Biodiesel Spring/Summer/Early Fall*

(above 20°F ambient).

*Early Fall - used up to October

Current Contract Price

#1D

Winter (coldest areas) (subzero ambient to -40°F)

Current Contract Price

#2D/Biodiesel/1D

HDRD

Winter Mix:

See Low Temperature Operability/Performance Characteristics under Detailed Specifications section

See section Hydrogenation Derived Renewable Diesel (HDRD) Specifications

Current Contract Price for respective gallon-age of each grade supplied

Market Price

3.3.5 Sampling of Diesel and HDRD Fuel

Diesel and HDRD fuel oil delivered shall be subject to sampling and testing at the discretion of the purchasing Agency and/or OGS Procurement Services. Normally, all samples collected for testing should be taken from delivery truck at the time of delivery.

The samples shall be collected in accordance with ASTM D4057, or latest revision thereof. The usual method of sampling is a three-way bottle/container sampling taken at an upper, middle, and a lower sample point from the delivery vehicle. The sample container is a normally closed stopper type and operator opens it at each point to obtain a proportional amount of the sample.

Product samples taken at the Agency’s dispensing pump shall be considered representative of a disputed fuel delivery, when the Contractor has delivered one or more consecutive loads of fuel oil to the tank’s content which is in dispute.

Additionally, when the purchasing Agency’s documentation indicates that previously delivered fuel is less than five percent of the tank’s fuel volume following any disputed delivery, and the previously delivered fuel performed and/or tested satisfactorily, then a sample taken from the pump shall be considered representative of the fuel delivered.

3.3.6 Non-Complying Product – Delivery

Deliveries of fuel may be sampled at the Contractor’s loading point or at the point of delivery by a representative of the Office of General Services, Procurement Services and/or the purchasing Agency’s personnel. The methods of sampling and testing will be as listed elsewhere herein.

When it is found that fuel delivered does not comply with the specification requirements, the Contractor, at its own cost and expense, may be required to remove all such sub-standard fuel from the purchaser’s tank(s) and replace it with fuel meeting the specifications, if such removal is so instructed by the Office of General Services, Procurement Services, within a maximum time period of twenty-four (24) hours.

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

When an inspection of the tank(s) after the removal of the sub-standard product indicates that the delivered product has rendered the tank(s) unsuitable for use, then the Contractor may be responsible for cleaning of the tank(s) so affected, if such cleaning is so instructed by the Office of General Services, Procurement Services.

The State may cancel the contract and may purchase the balance of the contract quantities in the open market at the Contractor’s expense, if, in the opinion of the Commissioner of General Services, the fuel delivered fails to meet the specific requirements; or, if the fuel is found to contain objectionable dirt, water or excess sediment; and/or an excessively high cold filter plugging point.

Authorized Users ordering HDRD95B5 should determine whether or not any tank cleaning services are required as part of their fuels being acquired under the Contract and make applicable arrangements for any services.

3.3.7 Non-Complying Product – Delivery – Operability/Price Deduction

Deductions shown hereafter will be made from the invoice price, or subsequent agency invoices, for delivering fuel that does not comply with the detailed specifications, whether or not the fuel in question has been consumed by the purchasing Agency. These deductions shall be a flat rate per fill incident, adjusted for the number of non-complying delivery incidents at an individual tank.

Equipment shall be operable (regardless of weather conditions) when fueled from a delivery made within the last (preceding) thirty days. A deduction shall be assessed for each tank fill incident which causes inoperability of equipment using that delivered fuel. This inoperability deduction shall be in addition to the “Price Deduction” assessed for not complying to one (or more) of the Non-Complying Product characteristics stated hereinafter.

3.3.8 Non-Complying Product – Flash Point – Price Deduction

When the delivered fuel’s flash point is found to be greater than four (4°F) degrees Fahrenheit lower than the specified requirement, a deduction from the contracted invoice price shall be taken as stated in the “Price Deduction Table” found elsewhere within this Contract or the Solicitation.

3.3.9 Non-Complying Product – Water & Sediment Content – Price Deduction

When the delivered fuel’s water and sediment content is found to be greater than five hundredths (0.05%) of a percent above the specified requirement, a deduction from the contracted invoiced price shall be taken as stated in the “Price Deduction Table” found elsewhere within this Contract or the Solicitation.

3.3.10 Non-Complying Product – Viscosity – Price Deduction

When the delivered fuel’s viscosity is found to be greater than two (2) seconds above the specified maximum requirement, a deduction from the contracted invoiced price shall be taken as stated in the “Price Deduction Table” found elsewhere within this Contract or the Solicitation.

3.3.11 Non-Complying Product – Sulfur Content – Price Deduction

When the delivered fuel’s sulfur content is found to be greater than 0.0018%, a deduction from the contracted invoiced price shall be taken as stated in the “Price Deduction Table” found elsewhere within this Contract or the Solicitation .

If any delivered product is found to contain incorrect dye, then all fuel in the tank shall be removed and replaced with an equal quantity of (as applicable, clear or red dyed, tax exempt) complying product.

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

The deduction shall be assessed regardless of whether the non-complying diesel fuel oil delivery is removed or not removed.

3.3.12 Non-Complying Product – Cetane Index – Price Deduction

When the delivered fuel’s Cetane Index is found to be greater than two (2) cetane below the specified minimum requirement/s (i.e., 40 and/or 43.5), a deduction from the contracted invoiced price shall be taken as stated in the “Price Deduction Table” found elsewhere within this Contract or the Solicitation.

The deduction shall be applied to Calculated Cetane Index deficiencies and/or Engine Cetane Index deficiencies.

The State may consider waiving these deductions (or adjusting them) if certified documentation of fuel quality is provided for fuel containing adequate additives. Certified documentation for fuel quality would be satisfied when the additive is certified in accordance with the regulations at 40 CFR 79 and is registered with the United States Environmental Protection Agency. The State reserves the right to require engine Cetane testing at the Contractor’s expense when calculated Cetane is lower than the specified Cetane Index.

3.3.13 Non-Complying Product – Ash Content – Price Deduction

When the delivered fuel’s ash content is greater than fifteen thousandths of a percent (0.015%), a deduction from the contracted invoiced price shall be taken as stated in the “PRICE DEDUCTION TABLE” found elsewhere within this Contract or the Solicitation .

3.3.14 Non-Complying Product – Cold Filter Plugging Point (CFPP) Temperature – Price

Deduction

When the delivered fuel’s Cold Filter Plugging Point (CFPP) temperature is found to be greater than one (1°C) degree Centigrade above the specified maximum requirement for the respective delivery area and delivery period, a deduction from the contracted invoiced price shall be taken as stated in the “PRICE DEDUCTION TABLE” found elsewhere within this Contract or the Solicitation .

The deduction shall be assessed regardless of whether the non-complying fuel delivery is removed or not removed and regardless of equipment operability. If equipment is not operable because of failure of the supplier/Contractor to adjust fuel and additive mix to ensure proper operation in a respective temperature period/zone, then a deduction shall be charged in addition to the preceding CFPP deduction and/or regardless of whether or not the preceding CFPP deduction is assessed.

3.3.15 Price Deduction Table

(NON-COMPLYING PRODUCT & OPERABILITY TABLE FOR PRICE DEDUCTIONS)

Description of Non-Complying Characteristic

Limiting

Value

Respective Amount of Deduction

Equipment Operability

Respective Amount of Deduction

FLASH POINT

Type: #1D

#2PD/1D&2D/1D

#2D & 2PD

LESS THAN

116°F 118°F 121°F

1st incident charged at

$250.00 per tank fill*;

WHENEVER

USE OF

1st incident charged at

$250.00 per tank fill*;

WATER AND

SEDIMENT

greater than 0.07%

DELIVERED

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

VISCOSITY (max) SUS at 100°F:

Type : #1D:

#2D & 2PD

greater than

35 S 40 S

2nd incident charged at

$500.00 per tank fill*;

DIESEL

FUEL

2nd incident charged at

$500.00 per tank fill*;

SULFUR CONTENT

(.0018%, Max) greater than 0.0018%

CAUSES

CETANE INDEX NO.

Calculated:

Engine:

less than

40 CCI

43.5 CI

EQUIPMENT

ENGINE(S)

ASH, % mass 0.01% (max):

greater than 0.015%

TO NOT

COLD FILTER

PLUGGING POINT

For OCTOBER Use For NOVEMBER Use For DECEMBER Use For JANUARY Use For FEBRUARY Use For MARCH Use greater than **North/South -12°C/-10°C -17°C/-14°C -30°C/-23°C -33°C/-25°C -33°C/-24°C -25°C/-18°C

Three or more incidences, charged at

$750.00 per tank fill*.

OPERATE

(SHUTDOWN),

DEDUCT THE

FOLLOWING:

Three or more incidences, charged at

$750.00 per tank fill*.

* “Tank fill”, as used in this Table, shall be an individual (drop) fuel delivery into a purchasing facility’s fuel storage tank by the Contractor’s authorized delivery vehicle.

**“North/South”, as used in this Table, shall respectively designate the temperature limits for facilities which are located north of 42° latitude and others which are located south of 42° latitude.

Note: Price deductions for HDRD can be found in Section 3.5 Hydrogenation Derived Renewable Diesel (HDRD) Specifications.

3.3.16 Dye Marker Content

All product provided shall be free of visible evidence of the blue dye 1.4-diakylamino-anthraquinone. This requirement shall be in full compliance with Federal Clean Air Act (CAA), Part 80, Section 80.29 & State NYCRR, or latest revisions thereof.

EXCEPTION: Federally tax-exempt fuel may be dyed red using solvent red dye 164.

3.3.17 Flash Point

The specified minimum Flash Point for fuel provided under this Contract shall be: 120°F for 1D; 122°F for 2PD/1D and 2D/1D (50/50 blend); 125°F for 2D and 2PD; and see Section 3.5 Hydrogenation Derived Renewable Diesel (HDRD) Specifications for HDRD. Delivered product having a flash point below the respective requirement given above, shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a flash point greater than ten (10°F) degrees Fahrenheit below the specified minimum shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications. The Flash Point shall be determined using ASTM Test Method D93, or latest revision thereof, Flash Point by Pensky-Martens Closed Tester.

3.3.18 Water and Sediment

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

The intended Water & Sediment (W & S) content for fuel provided under this Contract shall be two hundredths (0.02% V/V) of a percent.

Delivered product having a water & sediment content greater than five hundredths (0.05% V/V) of a percent shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT.

Delivered product having a water & sediment greater than five hundredths (0.05% V/V) of a percent shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications, at purchasing agency’s discretion based on excessive filter maintenance and/or poor vehicle performance. The Water & Sediment content shall be determined using - ASTM Test Method D1796, or latest revision thereof. Product with W & S over 0.02% V/V but not over 0.05% V/V shall have additives ensuring smooth engine combustion and may be considered for this Contract. A haze rating @ 25°C (77F) shall be a maximum of 2 using ASTM Method D4176 or latest revision thereof.

3.3.19 Viscosity

The specified maximum Viscosity for fuel provided under this contract shall be: thirty-three (33 SUS @100°F) Saybolt Universal Seconds at one hundred degrees Fahrenheit, maximum, for 1-D fuel oil; and thirty eight (38 SUS @100°F) Saybolt Universal Seconds at one hundred degrees Fahrenheit, maximum, for 2-D and 2-PD fuel oils.

Delivered product having a viscosity greater than 33 SUS @ 100°F or 38 SUS @ 100°F, respectively, shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT.

Delivered product having a viscosity greater than 35 SUS @ 100°F for 1-D; or 40 SUS @ 100°F for 2-D or 2-PD shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications, at purchasing agency’s discretion based on excessive filter maintenance and/or poor vehicle performance. The viscosity shall be determined using ASTM Test Method D445, or latest revision thereof; and ASTM D2161-20, 1999e2, Conversion of Kinematic Viscosity to Saybolt Universal Seconds (Table 1), or latest revision thereof relative to the individual characteristics of the product being tested.

3.3.20 Cloud Point

The maximum cloud point temperature shall be equal to the tenth percentile minimum ambient temperature listed elsewhere herein under the heading LOW TEMPERATURE OPERABILITY PERFORMANCE. The maximum cloud point temperature for product, delivered from APRIL through the Summer use period, shall be thirty-one (31°F) degrees Fahrenheit [minus five tenths (-0.5°C) of a degree Centigrade]. The Cloud Point shall be determined using ASTM Test Method D2500-17a (IP #219/82), or latest revision thereof, in accordance with ASTM D975 procedures, or latest revision thereof

3.3.21 Cold Filter Plugging Point (CFPP)

The specified maximum CFPP for low temperature operability/performance of fuel provided under this contract shall be twenty-seven (27°F) degrees Fahrenheit [fifteen (15°C) degrees Centigrade] below the specified cloud point.

The CFPP shall be determined using Institute of Petroleum Test Method IP #309/83, or latest revision thereof relative to the individual characteristics of the product being tested. This method is technically equivalent to the British Standard BS6188 and European Standard EN116.

Delivered product having a CFPP temperature greater than one (1°C) degree Centigrade above the maximum but less than seven and one-half (7.5°C) degrees Centigrade above the maximum shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having a CFPP temperature of seven and one-half (7.5°C) degrees Centigrade, or greater, above the maximum shall be removed from the site upon the

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

State’s request and the Contractor shall pay a price penalty as stated elsewhere herein regardless of whether the fuel oil delivery is removed or not removed. Respective CFPP temperatures shall be listed elsewhere herein.

3.3.22 Sulfur

The specified maximum Sulfur content for fuel provided under this contract shall be fifteen ten thousandths of a percent, per table which follows. Delivered product having sulfur content greater than fifteen ten thousandths of a percent (.0015%) shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT.

Delivered product having a sulfur content greater than that allowed by NYCRR, Title 6 Environmental Conservation Law, Chapter III Air Resources, Subchapter A, Subpart 225-1.2.(d) Table 2 shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications. The Sulfur content shall be determined using ASTM D2622, or ASTM D4294; or latest revisions thereof relative to the individual characteristics of the product being tested.

SUMMARY OF SULFUR CONTENT (REQUIREMENTS):

Geographical Area of the State Percent of Sulfur by Weight (Maximum)

Statewide Highway Vehicles: 0.0015% (fifteen ten thousandths of a percent).

3.3.23 Type of Use Requirements

Effective October 15, 2006, the maximum sulfur content shall be .0015% (fifteen ten thousandths of a percent) for all fuel used in highway vehicle motors. This shall apply to all highway vehicles (diesel engine) Statewide. All off-highway equipment motors shall comply with the prior geographical area requirements for sulfur content, or engine manufacturer’s recommendation whichever is stricter.

3.3.24 Cetane Rating

The specified minimum cetane value for fuel provided under this contract shall be a forty-two (42.0 CCI) Calculated Cetane Index. Delivered product having a calculated cetane index below forty-two (42.0) CCI shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT.

Delivered product having a calculated cetane index below forty (40.0) CCI shall be removed from the purchasing agency’s tank and replaced with product conforming to specifications. The Calculated Cetane Index value shall be determined using ASTM Test Method D976-06-2016 (IP #364/84), or latest revision thereof; or ASTM D4737, or latest revision thereof; relative to the individual characteristics of the product being tested.

When a given sample is determined to be in non-compliance of either or both (Calculated & Engine) Cetane Index requirements, then the greater deviation shall be the figure used for the price deduction requirements; except when the Engine Cetane Index exceeds its specified requirement, the “Non-Complying Product - Cetane Content/Price Deduction” shall be waived.

3.3.25 Ash

The specified maximum ASH content for fuel provided under this contract shall be one hundredth (0.01%) of a percent, maximum by weight. Additionally, a product having excessive ash content shall be removed and/or adjusted in price as specified elsewhere herein. The Ash content shall be determined using ASTM Test Method D482-19 (IP #4/81), or latest revisions thereof - relative to the individual characteristics of the product being tested.

GROUP 05602 – Ultra-Low Sulfur Diesel & Biodiesel Fuel (Renewable Diesel) (On Road Use Only) (Statewide)

Delivered product having an ash content above the maximum by greater than two thousandths (0.002%) of a percent above the maximum but less than one tenth (0.10%) of a percent above the maximum shall be adjusted in price as stated elsewhere herein for NON-COMPLYING PRODUCT. Delivered product having an ash content of one tenth (0.10%) of a percent by weight, or greater, above the maximum specified shall be removed from the site upon the State’s request and the Contractor shall pay a price penalty as stated elsewhere herein regardless of whether the fuel oil delivery is removed or not removed. Respective ash contents shall be listed elsewhere herein.

3.3.26 Diesel Fuel Oil and HDRD Requirements

The fuel supplied under this contract shall meet the universal details listed previously, the seasonal and other listed requirements which follow:

The fuel supplied shall be visually free of undissolved water, sediment, suspended matter, and shall be clear & bright at the ambient temperature, or seventy (70°F) degrees Fahrenheit, whichever is higher. Fuel supplied shall NOT contain any alcohol.

The winter mix diesel fuel oil, regular, premium, HDRD, and Biodiesel supplied shall meet their respective requirements as listed elsewhere herein. In addition, these grades of fuel shall conform to the “LOW TEMPERATURE OPERABILITY PERFORMANCE” requirements listed later herein.

3.3.27 Grade 2D (2-D) Diesel (Regular) Fuel Oil and HDRD

Grade 2D fuel oil and HDRD shall meet specifications listed previously herein & it shall be suitable for use in spring/summer/fall climate conditions.

3.3.28 Grade 1D (1-D) Diesel Fuel Oil

The Grade 1D fuel oil shall meet the specifications listed previously herein and it shall be suitable for use during winter (sub-zero) climate conditions. Kerosene (1- K) meeting and/or exceeding the parameters stated herein for 1D will be considered in lieu of 1D as part of this specification/solicitation.

3.3.29 Grade 2D/1D Winter Mix (Regular Diesel/Kerosene) Diesel Fuel Oil

The Grade 2D/1D Winter Mix Diesel Fuel Oil shall meet the specifications listed in Section 3.3, Fuel Specifications, and it shall be suitable for use during winter (purchasing Agency’s local ambient temperature) climate conditions.

It shall be proportioned to provide a cloud point equal to the tenth (10th) percentile minimum…